Ch 20/21/22 - Employment, Professional Service Flashcards Preview

MOS 2275: Biz Law > Ch 20/21/22 - Employment, Professional Service > Flashcards

Flashcards in Ch 20/21/22 - Employment, Professional Service Deck (33)
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1
Q

employment relationship

A

contractual relationship whereby an employer provides remuneration to an employee in exchange for work or services

2
Q

independent contractor

A

a person who is in a working relationship that does not meet the criteria of employment

3
Q

human rights commission

A

an administrative body that oversees the implementation and enforcement of human rights legislation

4
Q

discrimination

A

act of treating someone differently on the basis of a prohibited ground

5
Q

adverse effects discrimination

A

discrimination that results front he combined effects of many rules, practices, and policies

6
Q

Bona fide occupational requirement (BFOR)

A

a defence that excuses discrimination on a prohibited ground when it is done in good faith and for a legitimate business reason

7
Q

employment equity legislation

A

laws designed to improve the status of certain of designated groups

8
Q

fixed-or definite-term contract

A

a contract for a specified period of time, which automatically ends on the expiry date

9
Q

indefinite-term contract

A

a contract for no fixed period, which can end on giving reasonable notice

10
Q

employment standards legislation

A

laws that specify minimum standards in the workplace

11
Q

pay equity

A

provisions designed to ensure that female and male employees receive the same compensation for performing similar or substantially similar work

12
Q

certification

A

process by which a union is recognized as a bargaining agent for a group of employees

13
Q

labor relations board

A

body that administers labor relations legislation

14
Q

collective bargaining

A

a mechanism by which parties enter a collective agreement or contract

15
Q

collective agreement

A

the employment agreement reached between the union and employer setting out the bargaining unit employees’ terms and conditions of employment

16
Q

just cause

A

employee conduct that amounts to a fundamental breach of an employment contract

17
Q

serious misconduct

A

intentional, harmful conduct of the employee that permits the employer to dismiss without notice

18
Q

progressive discipline policy

A

a system that follows a sequence of employee discipline from less to more severe punishment

19
Q

condonation

A

employer behavior that indicates tot he employee that misconduct is being overlooked

20
Q

habitual neglect of duty

A

persistent failure to perform employment duties

21
Q

incompetence

A

lack of ability, knowledge, or qualification to perform employment obligations

22
Q

conduct incompatible

A

personal behavior that is irreconcilable with employment duties or prejudicial to the employer’s business

23
Q

willful disobedience

A

deliberate failure to carry out lawful and reasonable orders

24
Q

reasonable notice

A

period of time for an employee to find alternative employment prior to dismissal

25
Q

constructive dismissal

A

employer conduct that amounts to a breach of a fundamental term of the employment contract

26
Q

fundamental term

A

term that is considered to be essential tot he contract

27
Q

severance pay

A

an amount owed to a terminated employee under employment standards legislation

28
Q

release

A

written or oral statement discharging another from an existing duty

29
Q

grievance process

A

procedure for resolving disputes contained in union contracts

30
Q

professional

A

someone engaged in an occupation, usually governed by a professional body, requiring the exercise of specialized knowledge, education, and skill

31
Q

retainer

A

an advance payment requested by a professional from a client to fund services to be provided to the client

32
Q

duty of confidentiality

A

the obligation of a professional not to disclose any information provided by the client without the client’s consent

33
Q

privilege

A

the professional’s right not to divulge a client’s confidential information to third parties